Settlement Agreement
Settlement Agreement
RECITALS
A. StarkHR Consulting LLC filed a lawsuit against Vistajet US Inc.
B. The parties desire to enter into this Settlement Agreement in order to resolve
the dispute and provide for certain payments in full settlement and discharge of
all claims which are or might become the subject of the lawsuit, upon the terms
and conditions set forth herein.
AGREEMENT
The parties hereto agree as follows:
1. Release and Discharge
In consideration of Defendant's agreement to make the payments called for
herein, StarkHR Consulting LLC completely releases and forever discharges
Vistajet Group Holding SA, of and from any and all past, present, or future
claims, demands, obligations, actions, causes of action, rights, damages, costs,
loss of services, expenses, and compensation which StarkHR Consulting LLC
now has, or which may hereafter accrue or otherwise be acquired by StarkHR
Consulting LLC, on account of, or in any way growing out of the lawsuit.
2. Consideration
In consideration of the release set forth above, Defendant hereby agrees to pay
StarkHR Consulting LLC fifteen million dollars ($15,000,000.00). Out of this total
settlement amount, five hundred thousand dollars ($500,000.00) shall be
allocated to each of the eight passengers affected by the lack of transportation,
namely:
- Cristine Sauter
- Gabriel Luiz Sauter Ricciarelli
- Anne Marie Sauter Ricciarelli
- Daniel Luiz Sauter Ricciarelli
- Louise Marie Sauter Ricciarelli
- Kian Tochio Schurmann
- João Mellão Alves de Lima Romanini
- Caetano Simioni Rey Siqueira
Defendant further agrees not to engage in any actions or omissions that may
cause harm or inconvenience to StarkHR Consulting LLC or its affiliates or any of
the affected passengers.
3. Payment Terms
a. The total settlement amount of fifteen million dollars ($15,000,000.00) shall be
paid by Vistajet US Inc. to StarkHR Consulting LLC within 5 (five) business days
of the execution of this Settlement Agreement.
b. Prior to disbursing any payments to StarkHR Consulting LLC or the individual
passengers, Vistajet US Inc. shall deduct the agreed-upon attorney's fees directly
from the total settlement amount. The attorney's fees shall be paid directly to the
legal representatives of StarkHR Consulting LLC as follows:
For each of the eight passengers affected by the lack of transportation, the
settlement amount shall be five hundred thousand dollars ($500,000.00) minus
the legal fees incurred by StarkHR Consulting LLC on behalf of each passenger.
The adjusted settlement amount shall be paid directly to each passenger within 5
(five) business days of the receipt of the total settlement amount by StarkHR
Consulting LLC.
d. The remainder of the settlement amount, after deducting legal fees and
payments to passengers, shall be paid to StarkHR Consulting LLC.
[StarkHR Consulting LLC Bank Account Details]
Bank Name:
Account Name:
Account Number:
ABA/Routing Number:
Swift Code (if applicable):
4. Attorneys' Fees
Each party hereto shall bear its own attorneys' fees and costs arising from the
actions of its own counsel in connection with the Demand and this Settlement
Agreement and incurred prior to the date of execution of the Agreement. In any
action of any kind relating to this Agreement, the prevailing party shall be entitled
to collect reasonable attorneys' fees and costs from the non-prevailing party in
addition to any other recovery to which the prevailing party is entitled.
8. Governing Law
This Settlement Agreement shall be construed and interpreted in accordance
with the laws of the State of New York.
9. Additional Documents
All parties agree to cooperate fully and execute any and all supplementary
documents and to take all additional actions which may be necessary or
appropriate to give full force and effect to the basic terms and intent of this
Settlement Agreement.
10. Effectiveness
This Settlement Agreement shall become effective on execution.
By: __________________________
Vistajet US Inc.
The foregoing release was explained to Plaintiff and executed in accordance with
our directions and advice.
ROBB & ROBB LLC